The main legal point established is the need for proper consideration and study before implementing significant changes in examination formats, even if there is no legal prohibition on the change.

Rajiv Sahai Endlaw, J.

1. This petition under Article 226 of the Constitution of India, filed as a Public Interest Litigation, impugns the letter No.13018/4/2008-AIS–I dated 15.10.2010 of the Government of India, Department of Personnel & Training, Ministry of Personnel, Public Grievances and Pensions to the Union Public Service Commission (UPSC) communicating the approval to the changes in the Preliminary Examination of the Civil Services Examination, from the year 2011 onwards. Though the changes effected by the said letter are manifold, the challenge is only to inclusion in one of the two papers (of 200 marks each) of the said Preliminary Examination (PE), nomenclature whereof stands changed to Civil Services Aptitude Test (CSAT), of a test of English Language Comprehension Skills (Class X level) worth 22.5 marks. It is the contention of the petitioners that the said test of English Language Comprehension Skills adversely affects the Hindi and other regional language speaking candidates taking the said exam.

2. Notice of the petition was issued. Counter affidavit has been filed by the respondent no.2 UPSC which has been adopted by the respondent no.1 Union of India as well. A rejoinder thereto has been filed by the petitioners. Mr. Chittranjan Kumar, Advocate, Mumbai was allowed to intervene in the matter and make his submissions/arguments. He has also filed his written submissions. The senior counsel for the petitioners and the counsel for the UPSC have been heard.

3. It is the case of the petitioners:-(a). that since the year 1979 and till the change aforesaid, the candidates appearing in the PE had to answer two objective type question papers; one of General Knowledge and one pertaining to a subject of the candidate’s choice; the General Knowledge paper included topics like Current Events, History of India, India and World Geography, Indian Politics and Governance, Economy and Social Developments, Environment, Ecology etc.

(b) that the candidates who cleared the PE had to appear in the Main Examination which inter alia comprised of a test of English and Indian languages of Matriculation standard, but of qualifying nature only, the marks whereof were not counted for ranking. (c). that in pursuance to the change aforesaid, in place of subject paper in the PE, the candidates have to take an Aptitude Test – this papers carries 200 marks out of which

22.5 marks are allotted to English Language Comprehension Skills (Class X level).

4. The petitioners challenge the inclusion of the test of English Language Comprehension Skills in one of the two papers in the PE / CSAT on the following grounds:-(i). that the Presidential Order issued on 27th April, 1960 in accordance with the Report dated 8th February, 1959 of the Committee constituted under Article 344 (4) of the Constitution of India to examine the report of the Official Language Commission appointed under Article 344 (1) provided:-(a). that local offices of the Central Government departments should use Hindi for their internal working and the respective regional languages in their public dealings ; (b). Union Government would be justified in prescribing a reasonable measure of knowledge of Hindi language as a qualification for entering into their services; (c). though English may continue as the medium of instruction for training establishments such as the National Defence Academy but suitable steps may be taken to introduce Hindi as the medium for all or some of the purposes of instruction; (d). that Hindi and English should be the media of examination for entrance to training establishments with the option to candidates to select either with reference to all or any of the papers; and; (e). that ultimately there should be two compulsory papers of equal standard, one in Hindi and another in a modern Indian language other than Hindi to be selected by the candidate; (ii). that in the year 1968 both Houses of Parliament vide Resolution dated 18th January, 1968 agreed